Between a landlord and tenant, it is only natural for a good business relationship to be established by both parties. In the long run, if the mentioned relationship turns sour due to unpleasant circumstances, there is a process that needs be followed in taking legal actions, especially if this involves evicting a tenant. How do you ensure that you evict a tenant legally? It is important that you follow the right process when terminating or evicting your tenant. In order to do this, you will need to send out an eviction notice to the tenant to notify or inform them that you will be terminating their tenancy.
There are many instances on when a landlord can issue an eviction notice to the tenant/s. One of the most common reasons is when a tenant has violated the terms previously agreed upon in the lease agreement or if a tenant has failed to pay the rent. A landlord can also send an eviction notice if he/she wants the tenant to remedy a certain problem that the tenant has caused to the property. If the tenant fails to leave the property after a certain time or remedy the said problem, a landlord can take action by going through with the eviction process. If you want to read more information about an eviction notice, then this article is for you! Here, you will read about the definition of an eviction notice, its importance, the steps in creating one, and other important information that will be useful to you. You can also download the eviction notice templates and samples available below and on this website such as a printable eviction notice template, eviction notice letters, and 30-day notice to landlord samples.
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What Is an Eviction Notice?
An eviction notice is a document that is used by landlords if they want to terminate or evict a tenant from a particular property. An eviction notice can be used for a number of reasons. These reasons are as follows:
- An eviction notice is given prior to the termination of the contract for tenancy. It is essential for tenants to be aware of the decision of termination before it is actually implemented.
- An eviction notice is used to provide all the details that a landlord or a property owner considered to come up with the decision of termination.
- Eviction notices are used to properly document the transaction. It is important for termination processes to be recorded so it can serve as a proof should future disputes occur.
Importance of Using an Eviction Notice
One of the most important things that people should remember when going into business is to put everything into writing. This is especially true for landlords who are renting out a piece of property, be it a commercial space, apartment, or a residential place. To help you further understand the importance of having an eviction notice, the importance of securing one is as follows:
- An eviction notice is important in order for the landlord to have a written document containing all the valuable information needed to legally evict a tenant.
- An eviction notice is important since it can be used as proof should the landlord evict the tenant in the future.
- An eviction notice is essential to ensure that the landlord is protected if the other party or tenant claims that he/she was given an unlawful eviction.
- If a tenant refuses to leave a specific property after the landlord has constantly reminded him/her to remedy the problem or leave the premises, an eviction notice is important especially when the problem has escalated to a court system.
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Writing an Eviction Notice
Before you start writing an eviction notice, it is important that your grounds for terminating or evicting a tenant is valid. In order to start writing one, knowing the right steps to creating an effective document is necessary. The steps in creating an eviction notice are as follows:
- Write the title of the document that you will be creating. In this case, write the words “Eviction Notice” in your document. Writing the title of your document is important in order for the recipient to understand immediately, the type of letter they are receiving.
- Write the date when the letter is written, followed by your name, address, and your phone number.
- After you have written the details of the landlord, write the information of the tenant such as the name of the tenant, their address, and other important details.
- Address your eviction notice to the tenant by writing the salutation. Write “Dear” followed by the name of the tenant.
- Begin writing the body of the letter. In the eviction notice letter that you are writing, notify the tenant that you are terminating the tenancy and explain the tenant’s violation. For example, you can explain to the tenant that you are terminating their tenancy for failing to pay the rent for a certain number of months. It is also important to include the complete address of the said property.
- Write the steps on what the tenant can do to remedy the issue or problem. A tenant is provided a number of days to remedy the problem depending on the violation that the tenant has committed. For example, an eviction notice for non-payment of rent or for utilities, and so on, require a 3-day notice. Others require a 60- or a 30-day notice.
- Close the letter by writing your name or the name of the landlord, and the signature. Mail or send the letter to the tenant.
Tenancy Eviction Notice for Residential Property
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Dos and Don’ts of Evicting a Tenant
Evicting tenants can be a complicated process, especially if the tenant has caused a lot of problems to the landlord. Before you can evict a tenant, here are some dos and don’ts that you should remember in order to have a smooth process.
- Communicate with your tenant.
- Before you take these issues to court, it is important that you talk to the tenant in order to reach an agreement and resolve any problems that you have. For example, you can reach an agreement on how the tenant can pay rent for the number of months that he/she has missed.
- Provide a formal eviction notice to the tenant.
- If talking to the tenant has not resolved the problem, always remember to follow the right eviction process by providing a formal eviction notice or an eviction letter to the tenant. It is important to properly notify them of their violation including the steps that they can take to resolve the issue. If the tenant fails to remedy or take any action, you can take matters to court to be able to get your property back.
- Follow court procedure.
- If the tenant refuses to leave the property or pay the rent, it is important to follow the right steps of evicting the tenant. Evicting the tenant without following a court procedure can be an offense, which may result in the landlord paying the tenant for unlawful eviction.
- Throw your tenant out of the property.
- Force evicting a tenant out of your property is a criminal offense. For example, if you change the locks to the property, blocking the tenant’s access to it, a tenant can claim for unlawful eviction.
- Wait too long to take action.
- Waiting too long before starting the eviction process may cause you to lose more, especially if the tenant is causing damage to your property or if he/she isn’t paying the rent. It is important that you provide a written notice to the tenant as soon as possible to avoid losing more money or delaying the process of claiming back your property.
Additionally, if you need other types of notices such as an employee notice, final notice, separation notice, and a resignation letter short notice, we have samples and templates of these notices available for download on our website.
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